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(영문) 부산지방법원 동부지원 2017.09.06 2017고단1500
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 10, 2017, at around 16:03, the Defendant: (a) expressed, without any justifiable reason, the victim D (Woo, 65 years of age) who was under the influence of alcohol, that “The victim was able to live in a breath and the same year; (b) breathly breath of the victim’s face; (c) breath of the victim’s breath; and (d) assaulted the victim D (the victim’s chest) by drinking breath; and (c) breath of the victim’s chest.

2. Special injury Defendant: (a) Dan to the victim E (V, 78 years of age) who told the Defendant at the time and place specified in paragraph (1) 1, destroyed the victim’s breath by breaking the breath’s bat around the floor; (b) broken the display glass installed at the same place by breaking the victim’s bating the batum glass, which is a dangerous object; (c) displayed the victim’s blurging the victim’s head fat; and (d) inflicted injury on the victim, such as light 21 days in need of treatment by hand, bating the victim’s head fat, etc.

3. The Defendant damaged the victim’s property by cutting off the display glass equivalent to KRW 200,000,000, the market price of the victim F at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Application of the Acts and subordinate statutes on temporary investigation reports (investigations, such as field photographs, upper photographs, etc.), photographs of the scene and victims, diagnostic certificates of injury, and simple receipts and disbursements;

1. Relevant Article 258-2 (1), Article 257 (1) of the Criminal Act (a point of special injury), Article 260 (1) of the Criminal Act (a point of violence, choice of imprisonment with prison labor), and Article 366 of the Criminal Act (a point of damage to property and choice of imprisonment with prison labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service (hereinafter referred to as the "Order") is an injury to some victims by placing a shouldered glass view in the market without any special reason.

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